Brief amicus curiae of American Association for Justice and Public Justice filed.

Aug 27 2007

Brief amici curiae of AARP, et al. filed.

Sep 5 2007

The time within which to file respondent's brief on the merits is extended to and including October 19, 2007.

Oct 1 2007

The motion of Donna Riegel, the administrator of the Estate of Charles R. Riegel, to be substituted in place of Charles R. Riegel, deceased, is GRANTED. The exercise of this Court's power to grant an untimely motion to substitute a party is not unprecedented. State Farm Mutual Auto. Ins. Co. v. Campbell, 537 U.S. 1042 (2002); see also Schact v. United States, 398 U.S. 58, 63-64 (1970) (�The procedural rules adopted by the Court for the orderly transaction of its business are not jurisdictional and can be relaxed by the Court in the exercise of its discretion..�); Stern & Gressman, Supreme Court Practice 350 (8th ed. 2002).
The Chief Justice and Justice Scalia would deny the motion, because it was filed more than six months after the petitioner's death. See Supreme Court Rule 35.1 (�If the substitution of a representative of the deceased is not made within six months after the death of the party, the case shall abate� (emphasis added)). The fact that Rule 35.1 is not jurisdictional is not a reason to ignore it, particularly since here, unlike in Campbell, supra, the motion was opposed by the respondent.

Oct 15 2007

SET FOR ARUMENT Tuesday, December 4, 2007.

Oct 19 2007

Brief of respondent Medtronic, Inc. filed.

Oct 19 2007

Brief amicus curiae of Chamber of Commerce of the United States of America filed.

Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Souter, Thomas, Breyer, and Alito, JJ., joined, and in which Stevens, J., joined except for Parts III-A and III-B. Stevens, J., filed an opinion concurring in part and concurring in the judgment. Ginsburg, J., filed a dissenting opinion.

Mar 24 2008

JUDGMENT ISSUED.

Apr 2 2008

Record returned to the U.S.C.A. for the Second Circuit.

~~Name~~~~~~~~~~~~~~~~~~~~~

~~~~~~~Address~~~~~~~~~~~~~~~~~~

~~Phone~~~

Attorneys for Petitioner:

Allison M. Zieve

Public Citizen Litigation Group

(202) 588-1000

Counsel of Record

1600 20th St., NW

Washington, DC 20009

azieve@citizen.org

Party name: Charles R. Riegel, et ux.

Attorneys for Respondent:

Theodore B. Olson

Gibson, Dunn & Crutcher LLP

(202) 955-8500

Counsel of Record

1050 Connecticut Avenue, N.W.

Washington, DC 20036

tolson@gibsondunn.com

Party name: Medtronic, Inc.

Kenneth S. Geller

Mayer Brown LLP

(202) 263-3000

1999 K Street, N.W.

Washington, DC 20006

kgeller@mayerbrown.com

Party name: Medtronic, Inc.

Other:

Paul D. Clement

Solicitor General

(202) 514-2217

United States Department of Justice

950 Pennsylvania Ave., N.W.

Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov

Party name: United States

Timothy J. Dowling

Community Rights Cousnel

(202) 296-6889

1301 Connecticut Ave, NW

Suite 502

Washington, DC 20036

Party name: Public Health Advocacy Institiute, et al.

Lawrence S. Ebner

McKenna Long & Aldridge LLP

(202) 496-7500

1900 K Street NW

Washington, DC 20006

lebner@mckennalong.com

Party name: CropLife America, et al.

David C. Frederick

Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.

(202) 326-7900

1615 M Street, N.W., Suite 400

Washington, DC 20036

dfrederick@khhte.com

Party name: AARP, et al.

Lisa Emily Heinzerling

600 New Jersey Avenue, NW

(202) 662-9115

Washington, DC 20001

Party name: Consumers Union of United States, Inc.

Edwin S. Kneedler

Deputy Solicitor General

(202) 514-2217

United States Department of Justice

950 Pennsylvania Avenue, N.W.

Washington, DC 20530-0001

SupremeCtBriefs@USDOJ

Party name: Donna S. Riegel, Individually and as Administrator of the Estate of Charles R. Riegel v. Medtronic, Inc.